The necessity of legal treatment of ambiguous expressions in some Iraqi laws A comparative analytical study

Abstract

In this research I have addressed some ambiguous phrasing in the Iraqi laws, the need for legal solution for them, by way of interpretation, and the statement of what is intended by them. In my study, I have focused on the phrase "the fundamentals of the provisions of Islam" mentioned in Article II of the Iraqi Constitution of 2005, whichstipulates that Islam is the official religion of the State and is a foundation source of legislation. No law may be enacted that contradicts the established provisions of Islam. As well as the term "principles of Islamic law" as one of the sources of Civil Law and Personal Status Law, provided that they are compatible with the provisions of those laws, without a clear definition of the principles of the rules and the principles of Shari'ah. And the appropriateness of those concepts which lead to inconsistency in understanding, I have tried to provide the logical meaning of these concepts by comparing the texts of Iraqi laws with Egyptian laws that are close to Iraqi laws. I have designated a section for the decisions of the Federal Supreme Court on matters of personal status, so that we can know the document on which the work of the Court and how to match them with the principles and provisions of Islam.